Broken Arrow City Council
Meeting of: 04-07-2020
Title:
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Consideration, discussion, and possible approval of PUD-74B (Planned Unit Development), Aspen Square Center, 7.54 acres, PUD-74/CN/CH to PUD-74B/CN/CH, located north and east of the northeast corner of Washington Street (91st Street) and Aspen Avenue (145th E. Avenue)
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Background:
Planned Unit Development (PUD)-74B involves a 7.54 acre parcel located north and east of the northeast corner of Washington Street (91st Street) and Aspen Avenue (145th E. Avenue). Applicant is requesting a major amendment to PUD-74 to allow a medical marijuana dispensary to continue to be located on the property. The dispensary is presently located on the north end of the Aspen Square Shopping Center. The property has been platted as a part of Lot 2, Block 1, I.D.C. Center II.
PUD-74 was approved by the City Council on October 5, 1992, as part of an 8.8 acre commercial shopping center and mini-storage development. The north part of the property had an underlying zoning of C-5 (Highway and Recreational Commercial), while the south part of the property had an underlying zoning of C-3 (Neighborhood Convenience Shopping). Mini-storage units were constructed in the area zoned C-5, while a shopping center was built in the area zoned C-3. The underlying C-3 zoning was approved by the City Council in November 1971 as part of BAZ-299. In 2008, the Zoning Ordinance was updated, and the C-5 district became CH (Commercial Heavy) and the C-3 district became CN (Commercial Neighborhood).
On September 18, 2018, the City Council approved Ordinance 3540 that established regulations for retail medical marijuana dispensaries and medical marijuana commercial growing/cultivating facilities. Medical marijuana dispensaries were recognized as a permitted use in the commercial zoning districts, including the CN (Commercial Neighborhood) district. On September 25, 2018, a lawsuit was filed asking the court to make a legal determina...
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